Billy Timmins (Wicklow, Fine Gael)
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I wish to share time with Deputy Mildred Fox.

I am here to try to find out from the Minister for Justice, Equality and Law Reform, or his representative, what went wrong in the prosecution of speeding fines in Wicklow, following the decision of the courts to dismiss 238 speeding cases in the county on Friday, 2 June. In the course of his judgment, the judge criticised Wicklow County Council for not being forthcoming with information about the issue and the resultant confusion led to the dismissal of the cases. A number of issues need to be considered.

Wicklow County Council was not a party or notice party to the case, and it had furnished the relevant information on request to the Garda. The relevant speed limits were correctly adopted by the council and this procedure was outlined in a submission, prior to the judgment. With over 180 road fatalities this year, it is unacceptable that a possible lack of co-ordination between the Garda and the local authority may have led to the dismissal of these cases. If a course of appeal is available I hope the Director of Public Prosecutions and the Garda will avail of it. It is important that I briefly outline the sequence of events.

On 1 March 2000, as part of a countywide review of speed limits by the local authority, a speed limit of 40 mph was set at Kilmacanogue on the N11. In September 2000, the 40 mph speed limit was extended a couple of miles south of Kilmacanogue to an area known as Barry's Bridge, to facilitate work at the Glen of the Downs. On 19 April 2004, following completion of those works, the 40 mph speed limit was redefined in the Kilmacanogue village area. A 50 mph limit was set for the rest of the area south of this through to the southern end of the Glen of the Downs. On 4 October 2004, following numerous representations, an area south of Kilmacanogue to the north of the Glen of the Downs was made a 60 mph zone, while the Glen of the Downs remained at 50 mph. That detail might seem somewhat confusing, but it is important to emphasise that all of that was passed by proper resolution by the members of Wicklow County Council.

In November 2005, at the request of a solicitor defending a client who was being prosecuted for speeding, two certificates were issued by Wicklow County Council, one certifying an extract of the minutes of 19 April 2004 and the other certifying an extract of the meeting of 4 October 2004. The certificates issued, signed by an official of Wicklow County Council, stated that these extracts were true and correct copies taken from the minutes of the relevant council meetings at which the speed limits were adopted. During the course of his defence, a solicitor argued with respect to the offences prosecuted that the certificates issued on 14 November 2005 had the same date as that on which the special limits were adopted. This was not the situation. I want to find out why Wicklow County Council was not a party or notice party to this case, why the Garda was not briefed by the local authority, whose fault it was and whether there will be an appeal process.

It is totally unacceptable, given the number of road deaths and the airing of road traffic issues every day of the week that so many people who should have faced prosecution have slipped through the net.

Seán Power (Kildare South, Fianna Fail)
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I thank Deputies Timmins and Fox for raising this matter. I am speaking on behalf of the Minister for Justice, Equality and Law Reform who unfortunately is unable to be present. I assure the Deputy that the Minister and I are aware of developments in this matter.

The Minister has been informed that a number of cases involving motorists who had been charged with breaking a 60 kph speed restriction on the N11 dual carriageway at the village of Kilmacanogue were dismissed at Bray District Court on Friday, 16 June 2006. The cases involved the issue of the legality of the speed limit. It was argued on behalf of the defence that there had been significant delay between the adoption of a special speed limit and its ratification by a vote of the elected members of Wicklow County Council. The Minister has been informed by the Garda authorities that a representative of Wicklow County Council was present in Bray District Court on 2 June and gave evidence. A representative from Wicklow County Council was not required for the 16 June sitting, as the judge was to come to his decision in relation to the cases at that sitting.

Section 9 of the Road Traffic Act 2004, operative since 20 January 2005, provides the legislative basis for the application of special speed limits. The purpose of special speed limits is to allow the major local authorities — the county and city councils — to replace the default or standard speed limits that would otherwise apply to roads. The making of special speed limit by-laws, to apply a special speed limit in lieu of a default speed limit, is a matter for each individual county council or city council. Section 9(12) establishes that a copy of by-laws made under the section can be used as evidence of the fact stated in the by-law in court proceedings.

Local authorities have had the power since the passing of the Road Traffic Act 1994 to make special speed limit by-laws. Furthermore, section 12(1) of the 2004 Act provides that speed limit by-laws made in advance of the coming into operation of section 9 continue in place but are to be read as applying metric equivalents to the speed limits to which they refer. In other words, it provides for the automatic conversion of the units of measurement from miles per hour to kilometres per hour in respect of any special speed limits that were applied under by-laws made prior to 20 January 2005, the date on which the 2004 Act became operative. By-laws in place on that date remain in force until such time as new by-laws are made by the city or county council under section 9 of the 2004 Act.

From enquiries made I am informed that the special speed limit by-laws in place prior to 20 January 2005 are still applicable across all 34 local authority areas and that five of the local authorities have adopted additional special speed limits. I understand that the majority of the councils either have a review of existing speed limits under way or are planning such a review later this year.

A new policy element was introduced under section 10 of the 2004 Act to enable a county manager or a city manger to make a road works speed limit order to apply a road works speed limit for a limited period. This power has been and is being exercised at road works in various areas.

The Minister for Justice, Equality and Law Reform has been informed by the Garda authorities that where a person is issued with a fixed charge notice for a penalty point offence, the notice sets out the amount of the fixed charge and the penalty points applicable to the offence. The person has an option to pay the fixed charge and, as part of the payment process, completes a declaration that he or she is aware of the contents of the notice. When a payment is made, the Garda notifies the Minister for Transport who is responsible for the endorsement of penalty points on the entry in the licence record of the person. If the person named in the notice opts not to pay the fixed charge, then a prosecution is taken and if a person is convicted the Courts Service is responsible for notifying the Minister for Transport, as in all cases the decision of the District Court may be appealed.

An individual who receives penalty points may write to the Garda national processing office at 89-94 Capel Street, Dublin 1, requesting the removal of penalty points in circumstances such as when the alleged offence had no legal status. The Department of Transport, on the written request of a chief superintendent, may remove penalty points from a driving licence in such circumstances.

As the matter of the cases before Bray District Court is still under consideration by the courts, the Minister is not in a position to comment further at this time.